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					    	COMMISSIONERS' COURT AGENDA REQUEST
				PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST
				     	AND DOCUMENTS TO BE REVIEWED BY THE COURT
		     	MADE BY:   	Judge Pat Tinley			  	OFFICE:   	County Judge
		     	MEETING DATE:    	April 26, 2010		   	TIME PREFERRED:
		     	SUBJECT:    	Consider,  discuss  and  take  appropriate  action  to  address  possibility  of
		     	prohibiting  the  sale  or  use  of restricted  fireworks  (i.e.:  "skyrockets  with  sticks"  and
		     	"missiles with fins ") in any portion of the unincorporated area of Kerr County pursuant to
		     	Local Government Code § 352.051 for the Cinco de Mayo holiday.
		     	EXECUTIVE SESSION REQUESTED:  (PLEASE STATE REASON)
		     	NAME OF PERSON ADDRESSING THE COURT:    	Judge Tinley
		     	ESTIMATED LENGTH OF PRESENTATION:
		     	IF PERSONNEL MATTER - NAME OF EMPLOYEE:
					Time for submitting this request for Court to assure that the matter is posted in
					accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
					Meeting scheduled for Mondays:		   	5:00 PM previous Tuesday
		     	THIS REQUEST RECEIVED BY:
		     	THIS RQUEST RECEIVED ON:						    	@	    	.M
		    	All Agenda Requests will be screened by the County Judge's Office to determine  if adequate
		    	information has been prepared for the Court's formal consideration and action at time of Court
		    	Meetings.   	Your  cooperation  will  be  appreciated  and  contribute  towards  your  request  being
		    	addressed at the earliest opportunity.  See Agenda Request Rules Adopted by Commissioners'
		    	Court.
		    	Make sure any and all back up material is attached to this form.
				STATE OF TEXAS	    	§
		     	COUNTY OF KERR	   	§
							ORDER PROHIBITING CERTAIN FIREWORKS
				    	IN UNINCORPORATED AREAS OF KERR COUNTY, TEXAS
		     	WHEREAS,  the  Texas  Forest  Service  has  determined that  drought  conditions  exist  in
		     	Kerr County; and
		     	WHEREAS, on the 26th day of April, 2010, the Commissioners'  Court of Kerr County
		     	has determined that the normal danger of fire in the unincorporated areas of Kerr County
		     	is greatly enhanced by the extremely dry conditions now existing;
		     	NOW,  THEREFORE,  the  Commissioners'  Court  of  Kerr  County  adopts  this  Order
		     	prohibiting  the  sale  or  use  of restricted  fireworks  in the  unincorporated  areas  of Kerr
		     	County.
			  	A.     	No person may sell,  detonate,  ignite,  or in any way use  fireworks  classified
				   	under  49  C.F.R.  part  173.100(r)(2)  (10 -1 -86  edition),  as  "skyrockets  with
				   	sticks" and "missiles with fins" in any portion of the unincorporated area of
				   	Kerr County.
			  	B.		This Order does not prohibit:
				   	1.  common fireworks, small in size classified as Class C explosives;
				   	2.   	large  fireworks  devices  designed primarily to produce  visible or audible
					 	effects by combustion, deflagration, or detonation and classified as Class
					 	B  explosive  by  the  U.S.  Dept.  of  Trans.  (TEX.00C.CODE,  Chapter
					 	2154).
			  	C.		A person commits an offense if the person knowingly or intentionally violates
				   	a prohibition established by this Order.  An offense under this Order is a Class
				   	C Misdemeanor.
		    	APPROVED  THIS  THE  26  DAY  OF  APRIL,  2010,  BY  THE  KERR  COUNTY
		    	COMMISSIONERS' COURT.
												COUNTY JUDGE
			 	Attest: